How does marriage or divorce affect my Will?
Marriage and WillsMany Australians are unaware that their Will becomes invalid when they get married. If you fail to update your Will, all or a big part of your estate may be given to your spouse after your death. If you have children from a previous marriage or other people you wish to leave all or part of your estate to, this can become a problem.
Unless you made a Will prior to marriage that expressly states it is made “in contemplation of marriage” your Will becomes invalid. Therefore you need to update your Will if you marry.
Divorce and WillsUnlike divorce, separation alone does not have any effect on your Will. If you fail to update your Will after separation and you pass away, your spouse may still inherit any property you left to him or her. Divorce will have an impact on your will, but it does so differently in each state and territory. In New South Wales a divorce revokes part of the will by revoking your former spouse as your executor or any gift left them, unless the court finds that you intended to leave your former spouse a gift.
Don't leave it to the court to make a decision. Make a new Will after your divorce to ensure your intentions in relation to your former spouse are clear.
Unless you made a Will prior to marriage that expressly states it is made “in contemplation of marriage” your Will becomes invalid. Therefore you need to update your Will if you marry.
Divorce and WillsUnlike divorce, separation alone does not have any effect on your Will. If you fail to update your Will after separation and you pass away, your spouse may still inherit any property you left to him or her. Divorce will have an impact on your will, but it does so differently in each state and territory. In New South Wales a divorce revokes part of the will by revoking your former spouse as your executor or any gift left them, unless the court finds that you intended to leave your former spouse a gift.
Don't leave it to the court to make a decision. Make a new Will after your divorce to ensure your intentions in relation to your former spouse are clear.
Wills Packages
Wills and Codicils
A Will is a legal document that clearly sets out your wishes for the distribution of your assets after your death. Your Will is probably the most important document you will ever sign, so it is important that you have it prepared by an experienced lawyer, rather than trying to do it yourself.
A codicil is used to make minor changes to an existing will such as changing an executor or appointing another one. A codicil can also be used to make specific gifts to a specific person.
Our Price
Please contact us the office for a free quote
Enduring Guardianship and Power of Attorneys
A Power of Attorney is a legal document appointing a person of your choice, to manage your financial and legal affairs while you are alive.
An Enduring Guardianship document is a legal document that appoints someone as your enduring guardian to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself.
It is important that these documents are prepared and executed correctly to ensure they are valid when they are needed.
Our Prices
Please contact us the office for a free quote
We can help you to prepare these documents for you.
Our package deals
We offer Package deals:
For a single person and a couple
Simple Will
Power of Attorney
and
Enduring Guardianship
If you are interested in our package deals
Please contact us the office for a free quote
WHERE TO START
We can help you! Book in for a free 15 minute strategy call with our solicitor Kerstin.
More Free Resources
Helpful resources and information in Family Law, Divorce, Parenting Matters, Child Support, Domestic Violence, Legal Aid and other useful links.